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August 26, 1998
Rule-Making Notice

as it appears in 5 daily Maine newspapers


NOTICE OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules
Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS
AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 80: Pharmacy Services
PROPOSED RULE NUMBER: 98-P154
CONCISE SUMMARY: The proposed rule changes the method used by the Department for charging the use of its electronic claims processing system for pharmacy services. A copy of the proposed rule can be obtained by contacting the Agency Contact Person listed below or at the office of your local County Commissioner.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: September 15,1998, 1:00 p.m. to 3:00 p.m., Policy Development conference room, Second Floor, 35 Anthony Avenue, Augusta, ME 04333-0011. Persons wishing to attend who require special accommodations are requested to contact the Bureau of Medical Services at (207) 624-5521, two weeks in advance of the hearing so special arrangements can be made.
DEADLINE FOR COMMENTS: September 25, 1998
AGENCY CONTACT PERSON: Maurice Gagnon, Policy Development, Bureau of Medical Services, 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
TTY (207) 287-1828, 1-800-423-4331.

AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 325, Rules Governing Cheese, Farmstead Cheese, and Other Fermented Milk Products
PROPOSED RULE NUMBER: 98-P176
CONCISE SUMMARY: This rule repeals the existing rule. This rule defines the testing procedures, licensing, manufacturing requirements, and sale restrictions of cheese, farmstead cheese and other fermented milk products.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 325-A
PUBLIC HEARING: September 17, 1998, 10 - 12 p.m., Department of Motor Vehicles, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 2, 1998
AGENCY CONTACT PERSON: Shelley Falk, Director of Animal Health & Industry
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Deering Building, Augusta, Maine 04333
TELEPHONE: 207/287-7610


AGENCY: 94-457 - Finance Authority of Maine (FAME)

RULE TITLE OR SUBJECT: Ch. 314, Regional Economic Development Revolving Loan Program
PROPOSED RULE NUMBER: 98-P177
CONCISE SUMMARY: This amendment is necessary to inform economic development organizations which have entered into contracts with the Authority how to access additional funds which are available as a result of interest accrued on the fund balance or because a contracting entity failed to draw down an allocation.
STATUTORY AUTHORITY: 10 M.R.S.A. Section 961 et seq.; P.L. 1994, Ch. 722.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel

RULE TITLE OR SUBJECT: Ch. 316, Clean Fuel Vehicle Program
PROPOSED RULE NUMBER: 98-178
CONCISE SUMMARY: This rule establishes the procedures and standards applicable to borrowers and financial institutions participating in the Authority's statewide program for making or insuring loans to finance the acquisition or lease of clean fuel vehicles or related components or facilities.
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14),1023-K and 1026-P(3).
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel

RULE TITLE OR SUBJECT: Ch. 601, Amendment 5, The Maine Student Incentive Scholarship Program (MSISP)
PROPOSED RULE NUMBER: 98-P179
CONCISE SUMMARY: The rule amendment broadens the definition of eligible institutions by replacing the eligibility category of "hospital nursing schools" with the more inclusive category of "non-profit schools." Thus, all Maine certificate or degree granting, accredited, non-profit postsecondary schools offering programs of at least one year will now be eligible to participate in the program, provided they meet the other requirements of the program.
STATUTORY AUTHORITY: 10 MRSA 969-A(14),20-A MRSA l 1617(2).
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel
chrisr@famemaine.com (EMAIL)

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: September 17, 1998, at 1:00 p.m. at the Municipal Building, Route 1, East Machias, Maine.
DEADLINE FOR COMMENTS: Written comments are requested on or before September 17, 1998, but will be accepted on or before September 27, 1998. Oral or written comments may be presented at the hearing.
AGENCY NAME AND ADDRESS: Finance Authority of Maine (FAME), P.O. Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #98-10
PROPOSED RULE NUMBER: 98-P180
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., Thursday, September 10, 1998 Deering Building - Hospital Street, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 10, 1998
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission
Deering Building-Station #28
Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 98-348
CONCISE SUMMARY: Establishes a Simplified Food Stamp Program which will lessen the number of work exemptions for TANF/Food Stamp households. It will exempt parents or caretakers of a child under the age of 12 months from work requirements. Current policy allows exemptions for parents or caretakers of a child under the age of six (6). The parent or caretaker relative under age twenty (20) must participate in work programs to complete high school. This also clarifies that disqualification for drug-related felonies are required if the activity occurred after August 22, 1996, not the conviction itself.
EFFECTIVE DATE: September 1, 1998
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Medicaid Expansion
ADOPTED RULE NUMBER: 98-349
CONCISE SUMMARY: Effective July 1, 1998, this rule increases the monthly income limit for coverage of children under age 19 to 150% of the federal poverty level. This is $1,357 for-a family of 2; $1,707 for a family of 3; $2,057 for a family of 4. Amounts increase with family size. This is an increase from the existing limit of 133% of the federal poverty level for children ages 1-5 and 125% of the federal poverty level for children ages 6-18.
EFFECTIVE DATE: August 18, 1998
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #98-09
ADOPTED RULE NUMBER: 98-350
CONCISE SUMMARY: Minimum September, 1998 producer Class I set at $18.01 and no Northeast Interstate Dairy Compact over order price. September, 1998 Class II goes to $15.07 and Class III minimums set at $14.80. These changes were passed on in minimum prices.
EFFECTIVE DATE: September 1, 1998
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building, Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 29-250 - Secretary of State - Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 159, Rules Governing the Administration of the Semipermanent Semitrailer Registration Program
ADOPTED RULE NUMBER: 98-352
CONCISE SUMMARY: This updated rule has included the procedures for dealing with the new 25 year ultra long term trailer registrations.
EFFECTIVE DATE: August 22, 1998
AGENCY CONTACT PERSON: Maurice J. Dionne Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station Augusta, Maine 04333-0029
TELEPHONE: 207.287-8633


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Board Ch. 14, Review by Full Board - proposed amendments; Board Ch. 13, Appeals to Appellate Division - repeal; Commission Ch. 13, Compensation for Permanent Impairment - repeal.
ADOPTED RULE NUMBER: 98-353
CONCISE SUMMARY: This rule changes the procedure by which the Board decides whether to accept a decision of a Hearing Officer for review pursuant to 39-A M.R.S.A. Sec. 320. It also incorporates relevant procedural rules for cases that are accepted for review.
EFFECTIVE DATE: August 22, 1998
AGENCY CONTACT PERSON: John C. Rohde, Acting General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 106, Rules for the Maine Drugs for the Elderly Program
ADOPTED RULE NUMBER: 98-355
CONCISE SUMMARY: This proposal removes Appendix I of the rule for the Maine Drugs for the Elderly Program, a list of drugs by generic name which are reimbursable, and replaces it with a list of covered illnesses. Drugs are reimbursed for the covered illnesses if their use conforms to OBRA 90 requirements and the manufacturer participates in the Low Cost for the Elderly (DEL) rebate program. Also, the name of the Bureau of Taxation referenced in the rule is changed to Bureau of Revenue Services.
EFFECTIVE DATE: September 1, 1998
AGENCY CONTACT PERSON:, Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: #11 SHS, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514
TTY (207) 287-1828 (deaf/Hard of Hearing)


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